What This Bill Does
This bill authorizes a land exchange in Minnesota where a private company called Big Winnie Land and Timber, LLC (BWLT) can trade approximately 36.7 acres of non-federal land to the U.S. government in exchange for approximately 17.5 acres of federal land located in the Chippewa National Forest. The exchanged federal land will become part of the Chippewa National Forest after the trade is complete.
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Who It Affects
- Big Winnie Land and Timber, LLC (the private company making the land trade)
- The Secretary of Agriculture and the Forest Service (the federal agency managing the exchange)
- The general public (who will have access to the newly acquired federal land)
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Key Provisions
- The Secretary of Agriculture must accept BWLT's offer to trade land and complete the exchange within one year of receiving the offer. The federal land being transferred includes a reserved easement (a right to use the land for a specific purpose) allowing road access to National Forest System land west of the federal property being traded (Sec. 3(a)).
- If the federal land is worth more money than the non-federal land BWLT is offering, BWLT must make a cash payment to equalize the values. However, if BWLT's land is worth more, the U.S. government waives any payment it would normally owe, and that extra value counts as a donation (Sec. 3(c)).
- BWLT must complete a Phase I Environmental Site Assessment (a professional inspection for environmental problems) and provide it to the Secretary before the government accepts the non-federal land (Sec. 3(b)(3)).
- An independent appraiser agreed to by both the Secretary and BWLT must determine the value of both pieces of land using federal appraisal standards (Sec. 3(d)).
- BWLT must pay all closing costs for the exchange, including title insurance, title search fees, inspection fees, escrow fees, attorney fees, recording fees, and environmental assessments (Sec. 3(h)).
- BWLT must pay for and complete surveys that determine the exact acreage and legal descriptions of both the federal and non-federal land (Sec. 3(i)).
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What Changes
If this bill becomes law, the U.S. government will gain approximately 36.7 acres of non-federal land in Itasca County, Minnesota. This acquired land will be added to and managed as part of the Chippewa National Forest under all applicable federal forest laws and regulations. BWLT will receive approximately 17.5 acres of federal land from the Chippewa National Forest (minus a road access easement reserved for the government).
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Important Definitions
- **BWLT** means Big Winnie Land and Timber, LLC, a Minnesota Limited Liability Corporation (a business structure where members have limited legal responsibility)
- **Federal land** means approximately 17.5 acres of federal property in Itasca County, Minnesota, shown on the map as the "Federal Parcel"
- **Non-Federal land** means approximately 36.7 acres of private property in Itasca County, Minnesota, shown on the map as the "Non-Federal Parcel"
- **Secretary** means the Secretary of Agriculture acting through the Chief of the Forest Service
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Effective Date
Not specified in bill text
IIB
118TH CONGRESS
2D SESSION
H. R. 1657
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 25, 2024
Received; read twice and referred to the Committee on Agriculture, Nutrition,
and Forestry
AN ACT
To provide for a land exchange in the Chippewa National
Forest, Minnesota, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Lake Winnibigoshish
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Land Exchange Act of 2024’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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(1) BWLT.—The term ‘‘BWLT’’ means Big
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Winnie Land and Timber, LLC, a Minnesota Lim-
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ited Liability Corporation.
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(2) MAP.—The term ‘‘Map’’ means the map en-
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titled ‘‘Heig Land Exchange’’ and dated December
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14, 2023.
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(3) FEDERAL LAND.—The term ‘‘Federal land’’
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means the approximately 17.5 acres of Federal land
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in Itasca County, Minnesota, generally depicted as
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the ‘‘Federal Parcel’’ on the Map.
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(4) NON-FEDERAL LAND.—The term ‘‘non-Fed-
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eral land’’ means the approximately 36.7 acres of
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non-Federal land in Itasca County, Minnesota, gen-
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erally depicted as the ‘‘Non-Federal Parcel’’ on the
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Map.
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(5) SECRETARY.—The term ‘‘Secretary’’ means
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the Secretary of Agriculture, acting through the
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Chief of the Forest Service.
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SEC. 3. EXCHANGE OF LAND.
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(a) EXCHANGE AUTHORIZED.—Subject to the provi-
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sions of this Act, if BWLT offers to convey the non-Fed-
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HR 1657 RFS
eral land to the United States, the Secretary shall, not
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later than 1 year after the date on which such offer is
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made—
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(1) accept the offer;
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(2) convey to BWLT all right, title, and inter-
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est of the United States in and to the Federal land,
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excepting and reserving an easement for road access
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to National Forest System land west of the Federal
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Parcel; and
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(3) accept from BWLT all right, title, and in-
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terest of BWLT in and to the non-Federal land.
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(b) REQUIREMENTS.—The exchange under sub-
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section (a) shall be—
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(1) conditioned on title approval for the non-
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Federal land by the Secretary in accordance with
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subsection (e);
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(2) conditioned on a cash equalization payment
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made by BWLT to the United States in accordance
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with subsection (c) if, under the appraisals con-
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ducted in accordance with this Act, it is determined
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that the value of the Federal land exceeds the value
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of the non-Federal land;
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(3) conditioned on the satisfactory completion
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of a Phase I Environmental Site Assessment by
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BWLT, provided to the Secretary, in advance of the
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acceptance of the non-Federal parcel;
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(4) subject to valid existing rights; and
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(5) subject to any other terms and conditions
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the Secretary determines appropriate.
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(c) EQUAL VALUE AND CASH EQUALIZATION.—
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(1) IN GENERAL.—Except as provided in para-
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graph (2), the exchange under subsection (a) shall
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be for equal value or the values shall be equalized
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by a cash payment.
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(2) EXCEPTION.—Notwithstanding any other
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provision of law, if the appraised value of the non-
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Federal land to be conveyed to the United States ex-
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ceeds the appraised value of the Federal land, a cash
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equalization payment by the United States to
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BWLT is hereby waived and the amount of such
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waived payment shall be considered a donation by
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BWLT to the United States for all purposes of law.
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(d) APPRAISALS.—
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(1) IN GENERAL.—The value of the land to be
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exchanged under this Act shall be determined by ap-
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praisals conducted by an independent and qualified
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appraiser mutually agreed to by the Secretary and
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BWLT.
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(2) APPRAISAL
STANDARDS.—The Secretary
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shall complete appraisals of the land to be ex-
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changed under this Act in accordance with—
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(A) the Uniform Appraisal Standards for
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Federal Land Acquisitions; and
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(B) the Uniform Standards of Professional
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Appraisal Practice.
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(e) FORMAT.—Title to the non-Federal land to be
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conveyed to the United States under this Act shall be
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found sufficient by the Secretary pursuant to section 3111
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of title 40, United States Code.
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(f) MANAGEMENT OF ACQUIRED LAND.—The non-
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Federal land acquired by the United States under sub-
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section (a) shall be—
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(1) added to, and managed as part of, the
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Chippewa National Forest; and
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(2) managed in accordance with the laws, rules,
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and regulations pertaining to National Forest Sys-
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tem lands.
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(g) MAP AND LEGAL DESCRIPTIONS.—
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(1) IN GENERAL.—As soon as practicable after
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the date of enactment of this Act, the Secretary
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shall finalize the Map and legal descriptions of all
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land to be conveyed under this Act.
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(2) CONTROLLING DOCUMENT.—In the case of
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a discrepancy between the Map and a legal descrip-
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tion, the Map shall control.
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(3) CORRECTIONS.—The Secretary and BWLT,
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by mutual agreement, may correct any minor errors
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in the Map or in the legal descriptions, including
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with respect to the boundaries of the Federal land
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and the non-Federal land.
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(4) MAP ON FILE.—The Map and legal descrip-
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tions shall be on file and available for public inspec-
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tion in appropriate offices of the Forest Service.
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(h) CLOSING COSTS.—As a condition for the ex-
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change under subsection (a), BWLT shall pay all closing
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costs associated with the exchange, including for—
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(1) title insurance and title search;
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(2) any applicable inspection fees, escrow fees,
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attorneys fees, and recording fees; and
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(3) any environmental analysis or resource sur-
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vey required under Federal law, regulation, or pol-
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icy, including a Phase I Environmental Site Assess-
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ment of the non-Federal land.
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(i) SURVEY.—
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(1) IN GENERAL.—The exact acreages and legal
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descriptions of the Federal and non-Federal land to
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be exchanged under subsection (a) shall be deter-
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mined by surveys satisfactory to the Secretary.
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(2) COSTS OF SURVEY.—BWLT shall bear all
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costs associated with the surveys under paragraph
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(1).
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Passed the House of Representatives September 24,
2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.
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